Applying L1A visa immediately after L1B US stay

[charper]

I have worked for my company for 10.5 years . Of these 10.5 years, the last 2.5 years I have been in US on L1B visa and my extended I-94 is set to expire in Mar 2012.
Since my job profile has changed, I plan to go back to India and come back to US this time on L1A visa for the same company.

I had a query on the applicability of the "one year continuous service clause - the applicant should have worked abroad for one continuous year within the past 3 years prior to application of admission into US".

Can I consider my first L1B application date as reference for the continuous service clause or will the L1A application date be used as a reference?
What is the best way to present this case of conversion from L1B to L1A?

Thanks in advance!

[raghvi]

Applying L1A visa immediately after L1B US stay

Technically it is possible to file COS from L1B to L1A. Do speak with your company lawyers to represent the case in best possible way as you have very limited time to do so. This is my opinion do speak to experts too.

[raghvi]

Applying L1A visa immediately after L1B US stay

Per 8 C.F.R. §214.2(l)(15)(ii), "When an alien was initially admitted to the United States in a specialized knowledge capacity and is later promoted to a managerial or executive position, he or she must have been employed in the managerial or executive position for at least six months to be eligible for the total period of stay of seven years. The change to managerial or executive capacity must have been approved by the Service in an amended, new, or extended petition at the time that the change occurred."

As I said, consult experienced attorney who will be able to guide you as to best way forward with the case.

[charper]

Thanks Raghvi. I will check with some experienced attorneys on this matter.